Royal Commissions Act 1902
Encyclopedia
The Royal Commissions Act of 1902 is a piece of Australia
n legislation
giving the Australian Governor-General
the power to initiate an investigation, referred to as a Royal Commission
. Royal Commissions are a major independent public inquiry
into an issue, initiated by the government. They often investigate cases of Political corruption
or matters of significant public concern. A Royal Commissioner is appointed to chair the Commission. The Commissioner has considerable powers, generally greater even than those of a judge. However, the powers of the Commissioner are restricted to the "Terms of Reference" of the Commission. Once a Commission has started the government cannot end it, and thus the government is usually very careful in framing the Terms of Reference.
in the name of the king. The terms must relate to the peace, order and good government of the Commonwealth, any public purpose or any power of the Commonwealth.
The legislation provides for a member of a Commission to summon a person to appear before the Commission at a hearing, to give evidence or produce documents or other things specified in the summons. It is at the discretion of the Commission as to whether a person appearing at a hearing is required to take an oath or affirmation. Failing to attend as summoned can result in a $1,000 fine or imprisonment for six months. However, the Act excuses the penalty for failing to attend if a reasonable excuse can be provided (self-incrimination is not a reasonable excuse, however statements or documents tended by witnesses are not admissible in evidence against the witness).
Australian Royal Commissioners
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
giving the Australian Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
the power to initiate an investigation, referred to as a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
. Royal Commissions are a major independent public inquiry
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
into an issue, initiated by the government. They often investigate cases of Political corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
or matters of significant public concern. A Royal Commissioner is appointed to chair the Commission. The Commissioner has considerable powers, generally greater even than those of a judge. However, the powers of the Commissioner are restricted to the "Terms of Reference" of the Commission. Once a Commission has started the government cannot end it, and thus the government is usually very careful in framing the Terms of Reference.
Legislation
The Royal Commissions Act was assented on 8 August 1902. The Act allows the Governor-General to issue a Commission of inquiry. Specifically, the Act grants the Governor-General the power to make or authorize any inquiry, or to issue any commission to make any inquiry, by Letters patentLetters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
in the name of the king. The terms must relate to the peace, order and good government of the Commonwealth, any public purpose or any power of the Commonwealth.
The legislation provides for a member of a Commission to summon a person to appear before the Commission at a hearing, to give evidence or produce documents or other things specified in the summons. It is at the discretion of the Commission as to whether a person appearing at a hearing is required to take an oath or affirmation. Failing to attend as summoned can result in a $1,000 fine or imprisonment for six months. However, the Act excuses the penalty for failing to attend if a reasonable excuse can be provided (self-incrimination is not a reasonable excuse, however statements or documents tended by witnesses are not admissible in evidence against the witness).
See also
List of Australian Royal CommissionsAustralian Royal Commissioners
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